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View Full Version : Who should pay?


wxdad
Mar 3, 2010, 09:46 PM
I have a similar situation. After kindly giving a neighbor (not a child, a fully-functioning adult) a ride, the wind caught the door as he was opening it, causing about $700 in damage. Would appreciate advice on who should pay, legally and ethically. Insurance is $500 deductible, and a claim would probably "perturb" my premium.

tickle
Mar 4, 2010, 06:30 AM
Why would you blame that situation on the person who opened the door? He didn't know the wind was going to take it. Just pay the deductible and have your insurance cove the rest. It is not your passengers fault. He/she probably feels bad enough as it is, having you accuse them of doing it. I would say, on closing, apologize to that person if you did cause a misunderstanding.

Tick

Curlyben
Mar 4, 2010, 06:31 AM
Does Act of God mean anything to you ?

JudyKayTee
Mar 4, 2010, 10:04 AM
I'm a liability investigator - the legal responsibility is yours. Could you sue your neighbor in Small Claims Court claiming negligence? Certainly. Would you win? Very possibly.

You have to be aware of conditions when you open a car door.

Is it worth the time/effort/loss of friendship?

Only you know that.